HEM RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is a revision petition filed under Sections 397/401 of the Code of Criminal Procedure, 1973 by the accused persons, assailing the judgment dated 22.2.2006, passed by the Sub Divisional Judicial Magistrate, Chachiot at Gohar, District Mandi, H.P., in Police Challan No.46-I/2003, titled as State of H.P. versus Hem Singh and others, wherein the accused persons stand convicted for having committed offences punishable under Sections 341, 353 and 332 read with Section 34 of the Indian Penal Code, as affirmed by learned Sessions Judge, Mandi vide judgment dated 21.12.2006, in Criminal Appeal No.7 of 2006, titled as Hem Singh and others versus State of Himachal Pradesh.

(2.) In short, the case of the prosecution is that on 18.3.2003 at about 4:30 p.m., HRTC bus bearing No.HP-34-A-1268 was being driven by Shri Surender Singh (not examined) from Kulu to Banjar. Complainant, Shri Hem Singh (PW-1) was posted as a Conductor in the vehicle at that time. Private bus bearing No.HP-34-0887 being driven by Sunil Dutt (accused No.2) was also proceeding towards Balichoki, which is in the same direction. When Shri Surender Singh tried to take over the private bus, he was not allowed. After both the vehicles covered some distance, the bus driven by Shri Surender Singh stopped at a place known as Dari. There, all the accused persons got down from the private bus, entered the bus driven by Shri Surender Singh and started giving beatings both to the complainant as also Shri Surender Singh. As a result of which both Shri Hem Singh and Shri Surender Singh sustained injuries. With the intervention of passengers, including Shri Hari Krishan Sharma (PW-2), Shri Pawan Kumar (PW-6) and Shri Karam Dutt (PW-9), the injured were saved from the clutches of the accused persons. The matter was reported to police. F.I.R. No.24/03 dated 18.3.2003 (Ex.PW1/C) under Sections 353, 332, 341, 323, 147, 506 and 353 IPC was registered at Police Station, Aut, District Mandi, against the accused persons. Investigation was conducted by Shri Karam Singh (PW-8). The injured were got examined from Dr. L.R. Bhatia (PW-5) and M.L.C. (Ex.PW5/A) was taken on record by the police. Statements of the witnesses were recorded and after investigation, Challan was presented before the Court for trial.

(3.) The accused persons were charged for having committed offences punishable under Sections 353, 332, 341, 506 read with Section 34 of the Indian Penal Code, to which they did not plead guilty and claimed trial.